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02-07-2000 - Regular 'W" .."", t, CITY COUNCIL OF EDGEWATER REGULAR MEE TING FEBRUARY 7, 2000 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter Legal Assistant Robin Wolf City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Executive Session of December 20, 1999 B. Reqular Meetinq of December 20, 1999 C. Reqular Meetinq of Januarv 3, 2000 D. Special Meetinq of Januarv 24, 2000 Councilwoman Lichter moved for approval of the above-mentioned minutes, second by Councilman Brown. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAQUES City Manager Hooper spoke about an audio visual system they are interested in purchasing. Their idea is to make an audio visual system more user friendly. The whole system costs about $14,000. This is for Council to look at. We have made no commitments. This is a demonstration. We have looked at others and we think this is probably the most economical. There were no other presentations at this time. CITIZEN COMMENTS Jimmie Newell, 2450 S Ridgewood Avenue, spoke about a bill he gave to the City regarding stormwater runoff. He questioned what he is paying $3,800 for. City Manager Hooper explained they are going to have a meeting. Mr. Newell sent a letter requesting to be on the agenda. They will get with Mr. Newell and look at his property and agenda this for the upcoming agenda so we can present something to Council. He and Terry Wadsworth would be glad to meet with him to see what the problem is, why it is occurring and why it is reoccurring. -- ..."" Mr. Newell stated he has taken care of it right now and the bill shows it cost him almost $15,000. He has not sought any legal advice on this yet. He has been told the City isn't going to do anything. He is going to go on the south side of him and he is going to dig up his property line and cut that pipe off. If the City can not do anything about it, this is what he is going to do. City Manager Hooper again informed Mr. Newell that he and Mr. Wadsworth would be glad to come and look at his property and they will come back to Council with a good suggestion. He agreed to contact Mr. Newell tomorrow and set it up. Andy Anderson, Pine Tree Drive, spoke about needing a new postal facility in this City. He spoke about area cities that have gotten new post offices. He spoke about the disaster during Christmas time at Edgewater's post office. He asked if this City has any plans already active in working to get this forwarded for the beginnings of a new post office. City Manager Hooper explained there is nothing in the works. This is the first he has heard of a description of a problem with the post office. Mr. Anderson suggested petitioning the feds to send a few bucks down here. Councilman Vincenzi commented on discussions he has had with Mr. Anderson. He mentioned a meeting Mr. Anderson has with the post master on Thursday. There is no new post office planned for Edgewater. Mr. Anderson doesn't feel the Post Master of the City is going to have a lot to say about getting a new Post Office in this City. He thinks it is up to the leadership in this City to petition, as Oak Hill has, the right postal people and have them build us a larger facility. Mike Visconti, 316 Pine Breeze Drive, spoke about letters and phone calls he has received regarding the widening of SR 442, saving the trees and keeping a median. He has heard City Manager Hooper telling him it is a done issue and that 90% of the work is done. He doesn't think it is a dead issue because it hasn't been started yet. He believes it is better to spend the time on paper and redo the drawings then starting the project, go along with it, have it finished and we have a runway of SR 442. He suggested looking into this by getting with the Department of Transportation to see if this could be changed for the good of Edgewater. Councilwoman Rhodes asked what their options are for SR 442 at this time. City Manager Hooper explained at this point the City has no options. The City has been approached by DOT to purchase property, namely the Library site. The City has been approached to dedicate where we have easements, canal crossings and so forth to DOT. The plans submitted to us were 90% plans. We commented on those plans. Those plans have progressed in the process to the 100% set of plans. DOT has done notice provisions to the property owners for takes. It is his sincere belief that if this City told DOT we don't like what you did and we want to do it again, they are going to say fine. You are going to live with that road and we are going to take our money somewhere else and widen somebody's road that wants it widened. He informed Council they have a choice of leaving it as is or get it as a four-lane with a five-lane typical section. Councilwoman Lichter stated the people came out in droves and she was there that night to change the first plans, which had the center median with the trees and shut off some access roads. They wanted every single road open and this consequently is what happened. Page -2- Council Regular Meeting February 7, 2000 ... .",., Myron Hammond spoke about the open forum at the Library. He feels not enough people showed up to do anything. That was prior to the 60% plans. They were trying at that time to see if they would leave the median strip in there but there wasn't enough public response to change their mind. city Manager Hooper commented on what happened. Councilwoman Lichter stated they are also giving $100,000 for beautification. Property has already been taken. It does sound like it might be beyond the stage to change our minds. Councilwoman Rhodes agrees with Mr. Visconti. She hates the thought of a runway being through the middle of a residential section. If it's all or nothing, she prefers the all. Councilwoman Rhodes feels maybe the drawings need to be publicized. City Manager Hooper stated they are at the Library today. Councilwoman Rhodes stated she was talking about in the newspaper or on a billboard in town where everyone can see them. City Manager Hooper commented on the flexibility the City will have to make the road look better. Mr. Visconti stated he attended Congressman Mica's meeting in New Smyrna and he questioned him about this. He told him he would try to do what he could about it but it was between the City and DOT. He hopes something can be done. Councilwoman Rhodes feels they are going to have to wait and see. Myron Hammond, 1821 Royal Palm Drive, feels the new Council is doing a great job. He is glad they kept Mr. Hooper on. He feels he is a very qualified person. He is glad to see the new Council continuing with annexations and economic development that the previous Council started. He feels everyone is headed in the right direction. Mr. Hammond spoke about keeping modular homes out of residential areas. He would like some feedback on what is going on. City Manager Hooper stated the Land Development Code updates will be given to the Planning and Zoning Board this month. They will be coming Council for two public hearings the following month. It has restrictions that will make it extremely difficult for manufactured homes to be in Florida Shores. Ray Anderson, 1905 S. Riverside Drive, stated he speaks for the owner and manager of properties located around 1900 S Ridgewood Avenue, which are in close proximity to the No Name Saloon. He commented on the excess noise. He asked Chief Schumaker if they have acquired a decibel meter. Chief Schumaker informed him no. Mr. Anderson spoke about this becoming a judgement value. He suggested a moratorium on this subject until such meter is acquired. Doris Hill, 112 Lincoln Road, agreed with Mr. Anderson. For the last two years, there has not only been a lot of noise but obscenities as well. She stated we don't need pudding wrestling here. CITY COUNCIL REPORTS Councilman Brown spoke about getting closer to the YMCA being finalized. He would like to see it look like Manatee Park in New Smyrna Beach. He would like to see this placed on the agenda for the next meeting. Page -3- Council Regular Meeting February 7, 2000 '-" ....., City Manager Hooper explained the Recreation/Cultural Services Board will make a recommendation on a Master Plan of each park, what facilities can go in there and then bring it back. Mr. Corder stated the next meeting would be scheduled for the first part of March. City Manager Hooper stated this could be placed on the agenda for the first meeting in March. Council agreed to put it on the agenda. Councilman Vincenzi spoke about vacant lots that are supposed to be cleared. City Manager Hooper explained it is being done by ordinance. Councilman Vincenzi asked if it can be enforced. City Manager Hooper stated it can be enforced. They are starting the process of notifying property owners of vacant land that they need to have a 20' barrier. Councilman Vincenzi asked what happens if someone doesn't comply. City Manager Hooper explained the City will clean it and clear it and place a lien on the property for that amount. Mr. Anderson spoke about an article he read in the newspaper. Not only do they cut the 20 feet, but the brush that is left is lowered to a height of six feet. City Manager Hooper stated that may have been something they looked at but he doesn't believe that is true. Councilwoman Lichter stated she is working with the City of New Smyrna on the Adopt-A-Street Program. They are going to have their cleanup in the Spring, we are going to have ours in the Fall. She spoke about an e-mail that was received regarding the Deputy City Clerk and her husband cleaning up Guava Drive. She hopes to have the Adopt-A-Street Program by the Fall. Councilwoman Lichter spoke about a call she got from Mr. Bob Kuykendall, from Meadow Lake Subdivision, who was involved in an accident on Roberts Road and u.S. #1. He knows I have been trying to get that speed lowered from 55 to at least 50. He took the initiative to contact Kathy Brooks, from the DOT accident department, and she said there have been twelve accidents there since that light went in. Mayor Schmidt updated that and said there are thirteen. There was another one today. Councilwoman Lichter asked if they could get in touch with Ms. Brooks to see what they are planning there. She would also like to try one more time to get the speed limit lowered to 50 mph. Councilwoman Lichter spoke about rain sensors. We are a member of the Vol usia Water Alliance and Edgewater will be getting fifty of these devices free. Before 1991, there was no restriction that you had to have a water sensor. Now there is. If you have a well, you are to have one. City Manager Hooper elaborated they have added this as a requirement on new homes. Page -4- Council Regular Meeting February 7, 2000 'w' .."" Environmental Services Director Terry Wadsworth commented on the law requiring rain sensors to be installed on irrigation systems has been in effect since 1991. The main emphasis the Water Alliance wants to put on these is anyone with potable water hooked to City water for irrigation, they are the number one priority and they will be who will be receiving these rain sensors first. Second in priority wise would be those places that had systems installed prior to 1991 because it wasn't a requirement at that time. We will be distributing them on a first come first serve basis. He spoke about why it would be hard to enforce this. Mayor Schmidt asked if when they are installed they can be inspected. Mr. Wadsworth explained when they are installed it is a requirement. Anything before 1991, also requires rain sensors which is a change in the law. Those people they are going to prioritize to try and give out the rain sensors. Mayor Schmidt asked if once a year they can check on them and make sure they are there and functioning or once they are on, they are on and we have nothing to do with it. Mr. Wadsworth explained as far as the wells, they are permitted through Volusia County. If there is some way we can get together with them because it comes down to a manpower problem. We could do spot or random inspections on them. Councilwoman Lichter spoke about April being Water Conservation Month. Councilwoman Lichter spoke about the Senior Questionnaire that was included in the City newsletter. We have received over 300 answers. She commented on the results of these questionnaires and areas they need to look at. Councilwoman Rhodes stated she has had several calls in the last couple of weeks. Most of them have to do with stormwater drainage. She thanked Mr. Wadsworth for responding to a couple of the concerns. Councilwoman Rhodes asked that this be a future agenda item. She will agree with these people that are paying for stormwater drainage and they have none. She would like to give any concerned citizen an opportunity to discuss the drainage problems that we have. City Manager Hooper asked if she is looking to do it as a work session format so there is information and discussion instead of an agendaed item. Councilwoman Rhodes stated either way suits her as long as there is input and as long as there are some solutions. Mayor Schmidt suggested having a work session. City Manager Hooper explained why that would be best. Council agreed the best thing to do would be to have a work session. City Manager Hooper explained the areas where you are going to have the biggest problems are those old 1955 plat that was retrofitted and put in. He spoke of the alternatives to making corrections. He asked Council if they would be interested in scheduling the work session at a special meeting in March. Page -5- Council Regular Meeting February 7, 2000 ....... ....", Mayor Schmidt feels they are ready to take some of their meetings on the road. He suggested using some of the clubhouses in the City such as Edgewater Landing and the Florida Shores Clubhouse. He wrote down April and August as possible meeting dates. Mayor Schmidt stated New Smyrna Beach had on loan from Daytona a speed limit sign that they had in the middle of the highway. He would like to see if they could get it and put it up in the Roberts Road-Edgewater Landing section. City Manager Hooper stated they have it scheduled for the third week in March. They have agreed to loan it to us. Councilwoman Lichter spoke about lowering the speed limit on U.S. #1 to 50 miles per hour at the south end of the City. Mayor Schmidt spoke about a meeting he* and Building Official Dennis Fischer attended. They got to meet the Secretary of Transportation. They handed him a business card with 442 on the back of it and made note that SR 442 would make a great evacuation route. Mayor Schmidt stated the MPO called today to find out if he would be interested in serving on their board. He obviously said yes. Any avenues we can pursue, we are going to do it. They are going to try as hard as they can to get something going between Edgewater and Deltona. Councilwoman Lichter asked how far SR 442 goes now as a dirt road. Mayor Schmidt informed her it is within a couple miles of civilization. There are hunting camps down the dirt road. City Manager Hooper asked Mayor Schmidt if it was Tom Berry they gave the card to. He saw him over the weekend and he asked him to pass on that he got that message. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Special Activitv Permit - No-Name Saloon, 2001 S. Ridoewood Avenue, requestino approval to hold 'Bike Week 2000' from March 8-11, 2000 Mayor Schmidt stated he has a personal conflict with this and passed the gavel to Vice Mayor Vincenzi who will handle this item. City Manager Hooper made a staff presentation. He feels from a staff perspective it meets the codes but he requested the motorcycle in the tree be taken down. Staff recommends it be approved in the format of last year's letter by listing all of the items, including insurance and inspections. If there is a concern about noise and nuisance certainly a decibel meter could be borrowed. Patrick Girvan, 2001 S. Ridgewood Avenue, No Name Saloon, congratulated the Council on their new jobs. His son will explain what they have done in the past and what they plan on doing in the future. Page -6- Council Regular Meeting February 7, 2000 ,." ...." Jim Girvan went on to make a presentation. As far as shouting obscenities on the microphones, we have a person from 99X that does all of our events. There are no obscenities shouted out of any microphones. He spoke about complaints for noise. There was one complaint in 1998 at 3:00 p.m. They did turn the music down and tried to make the noise less. He commented on the events they will be doing this year. He further spoke about pudding wrestling. There is no nudity and they have police officers they hire. It is a charitable event now and they are changing it to that. They also have a pudding pull with children involved. We are a family bar. There is no reason to ever turn this down because they will work with the City any way they can. They will hire police officers again during pudding wrestling only. The outside music will be from 4:00 p.m. to 8:00 p.m. They aren't making a lot of money. They do a lot of poker runs which costs them a lot of money to put on for people with leukemia and cancer. He spoke about the 103 signatures they have obtained. They will be having a ribbon cutting with the Chamber of Commerce on March 1st with Bike Week kicking off March 3~. Special events will be from the eighth to the eleventh. Councilwoman Rhodes asked to see these signatures. Mr. Girvan stated they are charged $150 per day for a special activity permit. They are turning into a charitable event. They are giving a lot of proceeds to these charitable events. If they must pay $150 per day, why doesn't the city just put it up for one of these charitable events or just waive the fee. They are putting out a lot of money to get the money out. They did take the bike down which he doesn't understand. They put a bike up between two trees and bolted it with chains. It went through hurricane. A year and a half after it is up they have been asked to take it down which they did. Nobody has told him why it had to come down. Councilwoman Rhodes spoke about the signatures being from all over the City. She asked how many were from around the bar. Mr. Girvan informed her 68. He went on to speak about the one-man band they are going to have. Councilwoman Lichter asked how long the music will be outside. Mr. Girvan stated until midnight, but it will be stereo from 8 p.m. until 12 midnight. Vice Mayor Vincenzi asked what the City codes say about noise. City Manager Hooper elaborated. It is a common sense approach instead of a meter approach. It has worked well in this situation and other situations. Vice Mayor Vincenzi asked about time limits. City Manager Hooper explained time limits have been set by the Council in the past. Councilwoman Lichter feels it should be understood that their bar isn't against any codes we have and their application isn't against any codes we have. Why we have instituted special activity applications is so we can check specific things and make them tighter if necessary. She feels they have a big umbrella of values that may be different, one from the other. City Manager Hooper pointed out the Land Development Code. This would be considered a staff function. It is appealable to Council if it is denied by staff. Councilwoman Rhodes feels that is the way it should be. Page -7- Council Regular Meeting February 7, 2000 ~ ~ Councilwoman Lichter stated she isn't sure she is receptive to the $150 per day waiver request. It seems to her if you have a fee, the fee should be there. They are charitable organizations but they are New Smyrna charitable organizations that come down here and get the waiver on the past two activities that have gone on. She thinks just like staff should make the decision and deal with this she also thinks that if there is a fee, there should be a fee in case something happens. City Manager Hooper explained the purpose of the fee is to cover inspections. Vice Mayor Vincenzi asked what a family bar is. Mr. Girvan commented on what a family bar is. Mr. Girvan Sr. commented on the free breakfast they have on Sundays from 9:00 a.m. to 11:30 a.m. Vice Mayor Vincenzi asked if anyone else from the public had any comments. Andy Anderson, Pine Tree Drive, doesn't think kids belong in bars. He doesn't think there is any such thing as a family bar. He doesn't think we need this kind of activity in the City. He also feels the fee should not be waived. Vice Mayor Vincenzi asked if the City puts out any money for police. City Manager Hooper stated the bar pays for it. Councilwoman Lichter asked if they can borrow one of those noise meters if we get a complaint. City Manager Hooper stated sure. Councilwoman Lichter asked if they are expense. City Manager Hooper stated they are really inexpensive and the only reason most cities don't have them is because you have to have a certified operator. There was further discussion regarding nOlse. Chief Schumaker feels the No Name Saloon is a well run bar compared to what they used to respond to down there. Ray Anderson, 1905 S. Riverside Drive, stated he owns property down there and those properties are occupied by tenants that he leases too. His purpose here tonight was to protect the rights of his tenants that they don't have to put with that loud noise. He believes they have a right to do it but he also believes he has a right not be offended and his tenants offended by the velocity and the volume that they do. He feels there should be some implement in the system if this permit is granted. He believes there should be some restrictions pertaining to the amount of noise. He is also the one that called at 3:00 p.m. Vice Mayor Vincenzi stated he doesn't necessarily agree with pudding wrestling. We are not voting on whether it is good or not, it is whether they are within the parameters of the law within the City ordinances. Councilwoman Rhodes moved to grant the special activity application permit not waiving the $150 and using every means in our power to keep the noise level reasonable, second by Councilwoman Lichter. The motion CARRIED 4-0. Mayor Schmidt abstained. Page -8- Council Regular Meeting February 7, 2000 ..... ...", Vice Mayor Vincenzi passed the gavel back to Mayor Schmidt. B. Special Activitv permit - Stonecipher Enterprises, Inc. d/b/a Earthquake Maqoon's Bar, 132 W. park Avenue, requestinq approval to hold a 'cookout with band' on March 10, 2000 startinq at noon City Manager Hooper informed Council this request meets the conditions and requirements of the Land Development Code. Staff recommends approval. Councilwoman Lichter questioned customer overflow suggesting drinking in the parking lot. City Manager Hooper elaborated. Councilwoman Rhodes asked if they also hire police officers. City Manager Hooper stated they will have to, yes. Councilman Brown moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. C. Public Hearinq, 2nd Readinq, Ord. 2000-0-01, Annexation and Annexation Aqreement for Joe and Marv Martin for property located at 435 Air Park Road (2.5 acres) D. Public Hearinq, 2nd Readinq, Ord. 2000-0-02, Annexation and Annexation Aqreement for John Massev/Massev Enterprises, for property located at Air Park Road and West Park Avenue (110.59 acres) E. Public Hearinq, 2nd Readinq, Ord. 2000-0-03, Annexation and Annexation Aqreement for Red Carpet Helicopters Inc and SkyWay Drive Industrial Park Corp., for property located at 735 Air Park Road and 341 SkyWay Drive (14.07 acres) F. Public Hearinq, 2nd Readinq, Ord. 2000-0-04, Annexation for City of Edqewater for property located at 2605 West Park Avenue; location of old Water Treatment Plant (5.11 acres) Mayor Schmidt asked if they would be using the video equipment. City Manager Hooper explained Ms. Plaskett was about to take the Council through a presentation regarding all four of the above annexations. Council should go back and vote on each ordinance. Planning Director Lynne Plaskett made a staff presentation. City Manager Hooper commented on a meeting he had with the Volusia County Public Works Director regarding the realignment of Air Park Road. They are on the path to get that done. He further commented on future planning and foreseeable events to make sure this is compatible, he thinks staff has done just what Council would want them to do by presenting an annexation that is for the City's economic growth. At the same time, it accommodates the growth so that it is not going to cost additional for the County to widen the road or for the City in future years. Councilwoman Lichter feels the County should clean the junk and litter that is between Mission Road and where our City starts. She asked if we have an agreement with them that they will clean it four times a year. She feels if we are going to try and attract business there and have people come in as an approach either direction, she thinks just a simple letter asking them when they've cleaned their house last would be a nice idea. Page -9- Council Regular Meeting February 7, 2000 '-"' ...., City Manager Hooper stated on defense of the County, when he has met with them they have been eager to hear when we have those kind of complaints. When I relay them they seem to respond to them. On February 22nd, they have what is called a road show that they go around and define the road improvements that are going to be done within each district. The County is trying very hard to work with us. Councilwoman Lichter asked what this will cost. City Manager Hooper explained the total cost is going to be around $600,000 to $650,000. She stated no the audio equiptment. City Manager Hooper informed them approximately $14,000. This certainly takes us into the future. He is hoping Council will think this is worthwhile to invest in. Mayor Schmidt asked for public comments on any of the four public hearings. Mayor Schmidt read Ord. 2000-0-01. Councilwoman Lichter moved for approval of Ord. 2000-0-01, second by Councilwoman Rhodes. The motion CARRIED 5-0. Mayor Schmidt read Ord. 2000-0-02. Councilman Brown moved for approval of Ord. 2000-0-02, second by Councilman Vincenzi. The motion CARRIED 5-0. Mayor Schmidt read Ord. 2000-0-03. Councilwoman Lichter moved for approval of Ord. 2000-0-03, second by Councilman Vincenzi. The motion CARRIED 5-0. Mayor Schmidt read Ord. 2000-0-04. Councilwoman Rhodes moved for approval of Ord. 2000-0-04, second by Councilwoman Lichter. The motion CARRIED 5-0. There was a ten-minute recess at this time. CONSENT AGENDA A. Recreation/Cultural Services Board Bv-Laws - Board requestinq approval of amended Article V: Vacancies B. Juvenile Justice Interaqencv Aqreement - Staff recommendinq approval of the Aqreement and authorization for the City Manaqer to execute the aqreement upon delivery of an oriqinal C. Purchase Request - Police Department requestinq approval to purchase a Loqqinq Recorder to record 911 phone calls from Milner Business Products for $24,659.15 City Manager Hooper informed Council this is County money coming to us. That is not our money spent. The County is giving us the money to buy that equipment. D. Animal Control Board Appointment - Councilwoman Rhodes' appointment of Debrah Brazzell to fill the remaininq term of Diane Corson, who resiqned. (Tabled from December 20, 1999) Page -10- Council Regular Meeting February 7, 2000 ..... ..."", E. Initiate Remedial Action Plan - Environmental Services reouestino approval of proposal from Remtech, Inc., to clean UP an area due to a diesel storaoe tank leakino durino its removal for $50,265 City Manager Hooper stated the last item results in the fact that the City being self-insured some time ago. It should have fallen under an insurance program. They do today from here on. In the year's past when there was self-insurance this was left as one of those items the City would pay for. Councilman Vincenzi moved to approve the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 5-0. OTHER BUSINESS A. Letter of Support - New Smyrna Beach reouestino support of their formal amendment to the Volusia County Comprehensive Plan to modify their Transportation Element for the planninq of a new east-west transportation corridor from Park Avenue to SR 44. City Manager Hooper explained since this letter was drafted and the agenda item, the County has sent us additional information which is an updated map. He spoke about three alternative alignments and the one the County is recommending. Staff's recommendation is to support the request from New Smyrna Beach but we revised it to show support from the one the County has given to New Smyrna Beach. Councilman Vicenzi asked for clarification and where exactly they were talking about. City Manager Hooper showed him. Mayor Schmidt asked if this is all kind of an extension of Williamson. City Manager Hooper elaborated. The recommendation is to recommend the County proposed and authorization for the Mayor to send a letter stating that. Councilwoman Lichter made a motion to approve the recommendation, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. Consultinq Planninq Contracts - Selection committee recommendinq approval of contract neqotiations with Land Desiqn Innovations and Ghyabi Lassiter and Associates for continuinq planninq services City Manager Hooper made a staff presentation. The action requested tonight is to authorize staff, himself and Lynne to negotiate a contract to bring this back to Council. There may be a recommendation instead of both of these firms, is after we do the contract negotiations just to hire one firm. Councilwoman Rhodes asked why two firms. City Manager Hooper elaborated. Councilwoman Lichter moved for approval, second by Councilman Brown. The motion CARRIED 5-0. C. Personnel Updates - Staff recommendinq approval of appropriation of fundinq for two (2) Finance Department positions and one new position in the Environmental Services Department Page -11- Council Regular Meeting February 7, 2000 'W' ...., city Manager Hooper made a staff presentation. Mayor Schmidt asked about the Parks & Recreation position. With the gym and beautification projects they are going to undertake and continue, is it a possibility to take that $7,000 and get a part-time person, grounds keeper to help out during ball season and maybe help with beautification also. City Manager Hooper stated there are certain things he can approve that are within the budget and these are those kinds of things dealing with Jack. The addition of new people that are not budgeted, he comes back to Council and asks for their approval. Where the Council sees changes that are moving around, that is an informational item only. In answer to the Mayor's question, he doesn't know. Jack is the one that makes that choice as to what his staffing needs to be. Mayor Schmidt stated he wants to make sure they are ready once the new Y opens if they need another body, there is one available. Parks & Recreation Director Jack Corder explained that was the purpose of changing that position from the Building Maintenance Worker to a Parks Maintenance Worker so he could be trained for when the new complex opens. It is a good idea for a part-time person but we have attempted that in the past and the problem they have with part-time people is we can't keep them. He foresees the facilities opening about the time the new budget kicks in. City Manager Hooper reminded Council the YMCA will be staffing inside of the building entirety. They are under way to make sure the day it opens they have the sufficient staffing to do that. Councilwoman Rhodes questioned this being in the budget. City Manager Hooper explained you have the funds. You may not have the positions but you have the funds. Councilwoman Rhodes asked where these funds are. City Manager Hooper explained these funds are within the budget and could be as such things as an old position that is now gone. Councilwoman Rhodes stated she thought the whole point of removing the positions in the financial department is to save money. City Manager Hooper explained and partially you are doing that. You are trading out a position that was paid $60,000 and you are bringing in an accountant that is paid $20,000. Councilwoman Rhodes asked if this is going to be a policy of this City, to get rid of the higher paid people that have been there longer and bring in lower paid people that have just started. City Manager Hooper stated delicately, no. He went on to explain the law does allow such things. That has been changed so that is one of the conditions you can use to downsize or streamline government. That is not this City's intention nor his. Councilwoman Lichter moved for approval, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilwoman Lichter spoke about Robin Wolf being with the Council often and requested that she get a name plate. City Clerk Wadsworth already ordered it. Page -12- Council Regular Meeting February 7, 2000 ...... ....." D. City Attorney Contract Review - Approval of proposed aqreement City Manager Hooper made a staff presentation. He commented on what they did to corne up with a draft agreement. They also asked Sid Nowell to submit a contract that they would be taking to Code Enforcement. He further commented on what is included in the draft agreement. Councilwoman Lichter spoke about the $125 per hour being good up until September 30, 2000. Will we be negotiating the whole contract at that point or will we just be negotiating what their new price will be. City Manager Hooper stated you will negotiate a new price. He further commented on items included in the agreement. Councilwoman Lichter asked if we have hanging over matters that they will be given. City Manager Hooper commented on the outstanding Perry Barrett case. Ms. Wolf stated there are a couple of issues that were in the attorney's office that just need to be clarified and cleaned up. Dominic Capria, 606 Topside Circle, asked about special attorneys at a higher rate. City Manager Hooper explained they do have their higher rate in the exhibit. He presented examples of when a special attorney may be needed. Mr. Capria asked about having an attorney at board meetings. City Manager Hooper informed Mr. Capria what Council directed him to do. There was a second legal firm when they went through the interview process. He is going to discuss and bring to the code Enforcement Board a separate attorney for that board that is different from the attorney for this board. Mr. Capria asked at what cost. City Manager Hooper stated the same cost. Mr. Capria stated he is concerned with Edgewater Landing's tax case and will there be any attorney's involved there. City Manager Hooper stated to the best of his knowledge, that has been filed and whatever the outcome is, is the outcome. This City has not pursued it any further. Council has not directed any further suit. All we did was file a brief defining what the judge had asked to be defined. Councilwoman Lichter moved for approval, second by Councilwoman Rhodes. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Wolf had nothing at this time. City Manaqer 1) Creation of Personnel Advisory Committee City Manager Hooper made a presentation regarding the Personnel Advisory Committee. He commented on the format for this being a department head, supervisor and three general employees. He further commented on what this Committee will do. Page -13- Council Regular Meeting February 7, 2000 ~ ~ Mayor Schmidt asked if the three employees would be from different departments. City Manager Hooper commented on process of choosing the three employees. Councilwoman Rhodes asked if the City is required to have this. City Manager Hooper explained they have a format and asked if this fits the format. consensus of Council that this was fine. the by the Charter are required to It was the 2) Initial Chanqe Order for Recreation Complex City Manager Hooper explained as they go through the process, there will be change orders. He is going to authorize change orders and bring them back at the following meeting and disclose to Council exactly what the change is. The first change order is going to have a net deduction of approximately $6,000. City Manager Hooper explained in the purchasing ordinance he is authorized to sign for anything that costs up to $15,000. This is just to make sure Council is okay with him signing these and bringing them back at the following meeting so they can keep these going. This would take a motion because they are authorizing signature next meeting for information and it's consistent with the purchasing ordinance. Councilwoman Rhodes moved to give City Manager Hooper the authority to sign change orders, second by Councilwoman Lichter. The motion CARRIED 5-0. 3) Economic Development Symposium City Manager Hooper informed Council the date for the Economic Development Symposium has been changed to March 4th. He asked Council to let him know if that is a problem with their schedules. He commented on what will be discussed at the symposium. 4) Authorize Mavor or City Manaqer to siqn the $300,000 emerqencv shelter qrant application City Manager Hooper made a staff presentation. Councilwoman Lichter made a motion to authorize City Manager Hooper or Mayor Schmidt to sign for the emergency shelter grant, second by Councilman Brown. The motion CARRIED 5-0. CITIZEN COMMENTS/CORRESPONDENCE Dick Jones, 1530 Sabal Palm Drive, spoke about a Florida Primary we have coming up for our elections and asked City Clerk Wadsworth if she has any information and if not if she will publish it in the very near future. Mike Visconti, 316 Pine Breeze Drive, spoke about water conservation and coming before Council eight months ago asking to give the citizens an incentive to conserve water by catching water from the drains when it is raining. He catches at least 20 gallons of water every time it rains and he uses that water to water his plants. He suggested the City be the first in line to give out containers for the residents to catch the rain water so they could conserve water. Page -14- Council Regular Meeting February 7, 2000 ...... ....., ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:38 p.m. Minutes submitted by: Lisa Bloomer Page -15- Council Regular Meeting February 7, 2000- JAN -O7-1997 09: 35 FROM (Jo lusi =, Elections TO Edgewater P. C1 FORIVI 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPA .,, AND OTHER LOCAL PUBLIC OFFICERS LAST AMEE T FIRSNAME --- MIDDLE / ,[ NAME NAME OFSOARD.COTJN n/ � AUTT;O TY.ORCOMMITrEE C ?MAILING ADDRESS ' / THE SOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON /7.3 2 ee V / NS,'q WHICH I SERVE IS A UNIT OF: CITY COUNTY ' -CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY 5e '.1 NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTT OCCG :�tRED , 7 u • 41770:41.6: z ELECTIVE 0 APPOINTTVE WHO MUST FILE FORM BB This form is for uae by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and nor - advisor; bodies who are presented with a voting conflict of interest under Section I12.3148, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which.you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and Sling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or Ioss. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected an a one -ace, one -vote basis are not pro- hibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father - in -law, mother -in -law, son -in -law, and daughter -in -law. A 'business associate" means any person or entity engaged in or carrying on a business; enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * w T.E T1'E D OFFICERS: In addition to abstaining from voting in the situations described above, you Must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature: of your interest in the rriea_.0 e on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording . the minutes of the meeting, who should incorporate the form in the minutes. . * * * * * * * * * * * * * * * APPOINTED OFFICERS: You must abstain from voting and disolosee the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IAA YOU INTEND TO MAKE A NY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form, must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is CE FORM 88 - REV. 1/95 — PAGE 1 JAN -07 -1997 09: 3G FROM 1)01 E lections TO Edgeu'ter P.0. IP YOU MAKE NO AT1 EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the, meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST / ,i X amvv �� Sc! j•y 'di , hereby disclose that on .� z c (a) A measure came or will come before my agency which (check one) 7C inured to my special private gain or loss; _ _ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of ..___. , by whom T am retained; or inured to the special gain or loss of _ - , which is the parent organization or aubsidiary of a principal which has retained roe. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ate C J u���%v e cFec. Per", . f DtVLS > or ..2/-7/0 0 Ceg Date Piled - - -- - -- ---- -- - Signature NOTICE: UNDER PROVISIONS OF PLORIDA STATUTES §112.317, A F.�ILURE TO MAINE ANY REQUIRED DISCILO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION DT SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. GE FORM 88 • ARV_ 1l95 PAGE 2